Legal plunder.

NEW YORK, N.Y., January 1, 2010--The Paper Advocacy Project (PAP) today filed a wide-ranging legal assault on the U.S. paper industry. PAP, funded by a group of leading trial lawyers fresh from their victory over the nation's food companies, has targeted paper companies for "knowingly marketing and advertising an unsafe product and deceiving the public about its many dangers." PAP argues that trace levels of organic pollutants and possibly asbestos in paper pose serious danger to those handling and using paper, that eyestrain and possibly blindness due to chronic reading of newsprint has reached "epidemic" levels, and that small particles of dust from storing paper in homes and offices are a major source of respiratory problems. "We're also concerned about the vast number of paper cuts suffered by office workers in this country," said lead attorney W.E. Gottem. "Paper companies will have to answer for what they've done to all Americans." Paper company executives, in closed-door meetings with their legal counsel, were unavailable for comment.

Does this fictional news item sound ridiculous? So does suing companies for making cheese, but that's what is in the works. An article in the June 13 Wall Street Journal, "Food Makers Get Defensive About Rising Obesity," reports that a small number of lawsuits have been filed accusing food companies of deceptive marketing and misleading claims. "... some legal experts see these cases as the DNA for future obesity suits," said the article. Food manufacturers, by manufacturing and marketing fatty foods, may be held liable for the medical problems caused by obesity, much like tobacco manufacturers have been held responsible for the consequences of smoking.

"In a sign of what may lie ahead, Richard Daynard, head of the Tobacco Products Liability Project at Northeastern University Law School, is working with students to develop possible strategies that could be used to bring obesity related claims against food marketers," the article reports. The allegations could include marketing to children and using researchers to dispute claims about the unhealthful properties of certain ingredients. Gee, that's just like those evil, rotten tobacco companies who practically forced people to smoke with their heavy advertising and marketing.

With tobacco litigation already a permanent "industry," can projects targeting other companies be far behind? Never mind that the entire logic behind most tobacco suits--and potentially food suits--is preposterous. Companies are being found guilty of selling and marketing legal products. In the case of tobacco, the products are lethal and everyone knows it, but some people choose to use them anyway. Yes, eating too much cheese is bad for you, but, hey, it's your choice. That should be the end of the story, but of course, it is not. Instead, the Alice-in-Wonderland world of tort law tells you "you're not fat because you eat too much and sit around the house--you're fat because Kraft deceptively sold you extra sharp cheese. How could you resist, when they made it sound so good?"

This situation will only get worse. Tort costs are rising twice as fast as the economy, and are projected to grow from US$ 200 billion in 2001 to US$ 298 billion in 2005 (2.4% of GNP), according to a report by Tillinghast-Towers Perrin, art insurance consultancy. Lawsuits are wrecking companies and entire industries.

The paper industry is already under assault. Georgia-Pacific saw its stock drop 20% due to rumors that asbestos litigation might damage the company. The current plan to split G-P in two reportedly has a lot to do with the potential asbestos litigation. Lawsuits are also being filed based on the paper industry's use of asbestos as a retention, drainage and pitch control agent prior to the mid-1960s. is there any scientific evidence that people contracted mesothelioma from Kleenex? No, but Kimberly-Clark has deep pockets to be picked," said an article in the May 13 Forbes magazine.

Will this situation change? Probably not. Our elected officials--most of whom are lawyers--created and are sustaining this preposterous legal climate. The trial lawyers lobby is the second largest campaign contributor in the country and wants to preserve the system just the way it is. So, if you want to keep making paper, go ahead, but hire the best lawyers money can buy.